Feb 7 2007 15:34 a2far/2ae7y 16:31 8584146749 DEPR OGA PAGE 83/87 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION BUILDING CODE ADMINISTRATORS & INSPECTORS BOARD DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, VB. Case No. 2006-017255 TIMOTHY C. GRIFFITH, Respondent. i ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ("Petitioner"), files this Administrative Complaint before the Building Code Administrators & Inspectors Board, against TIMOTHY C. GRIFFITH, ("Respondent"), and says: i. Petitioner is the state agency charged with regulating the practice of building code administration and inspection pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 468, Part XU, Florida Statutes. 2. Respondent's address of record with Petitioner is Post Office Box 334, Ruskin, Florida 33570. 3. Respondent is certified as a Standard Building Inspector, having been issued license number BN 3225. 4. On March 28, 2006, the Department of Business and Professional Regulation received a complaint from Melissa Passante (“Passante”) alleging Respondent had failed to Feb 7 2007 15:34 a2far/2ae7y 16:31 8584146749 DEPR OGA PAGE @4/a7 disclose a criminal conviction for sexual assault on his application for a Standard Inspector’s license in 1998. 5 . In 1998, Respondent applied for and was granted a Standard Building Inspector license. In his signed and notarized application dated May 7, 1998, Respondent indicated he had never been convicted or found guilty of, or entered a plea of nolo contendere, regardless of adjudication, to a crime in any jurisdiction, by marking the “No” box relating to prior criminal convictions. 6. On September 28, 1984, Respondent was convicted of Sexual Assault in the Second Degree on a minor at least thirteen (13) but less than sixteen (16) years old, in Sommerset County, New Jersey, and was sentenced to an indeterminate term not to exceed 5 years. On October 5, 1984, Respondent was convicted of two (2) counts of Theft (Third Degree) in Monmouth County, New Jersey. On January 5, 1985, Respondent was convicted of four (4) counts of Issuing Bad Checks in Ocean County, New Jersey. 7. Respondent stated that in 1998, his employer, PEICO requested that he apply for his Standard Inspector’s license and that in preparation, Respondent retained an attorney to obtain copies of his criminal convictions. Respondent stated he submitted his signed application packet, along with copies of his criminal convictions to the administrative staff at PBICO, for further processing, Respondent further stated that he had been told not to check the “prior convictions” box because there were questions as to whether his convictions as a youthful offender were a consideration in the application for licensure, and that his employer would be contacting DBPR to obtain clarification on that issue. Respondent stated the box indicating he had no previous criminal convictions was checked by someone else. Feb 7 2007 15:35 a2far/2ae7y 16:31 8584146749 DEPR OGA PAGE 85/87 8. Respondent was born on November 23, 1962 and was twenty-one (21) years old at the time of his conviction for Sexual Assault in the Second Degree on a minor at least thirteen (13) but less than sixteen (16) years old and two (2) counts of Theft (Third Degree), Respondent was twenty-two (22) years old at the time of his four (4) convictions for Issuing Bad Checks. Furthermore, Respondent’s indictment for Sexual Assault in the Second Degree on a minor at least thirteen (13) but jess than sixteen (16) years old indicates the activity occurred between September, 1983 and December, 1983, beginning when Respondent was twenty years (20) old, and continuing until after his twenty-first birthday. 9. Section 468.621(1)(b), Florida Statutes, states obtaining certification through fraud, deceit or perjury constitutes grounds for which disciplinary action in subsection (2) may be taken. COUNT I 10, “Petitioner re-alleges and incorporates paragraphs one through nine as though fully set forth herein. 11. Based on the foregoing, the Respondent violated Section 468.621(1)(b), Florida Statutes, by obtaining certification through fraud, deceit or perjury. WHEREFORE, Petitioner respectfully requests the Building Code Administrators and Inspectors Board enter an Order imposing one or mote of the following penalties: place on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate of registration, require financial restitution to a consumer, impose an administrative fine not to exceed $5,000 per violation, require continuing education, assess costs associated with investigation and prosecution, impose any or all penalties delineated within Section Feb 7 2007 15:35 a2far/2ae7y 16:31 8584146749 DEPR OGA PAGE 86/a7 455.227(2), Florida Statutes, and/or any other relief that the Board is authorized to impose pursuant to Chapters 468, 455, Florida Statutes, and/or the rules promulgated thereunder. Signed this 749° day ot_AWBMST 2006. COUNSEL FOR DEPARTMENT: F | if E D : . Oepartment of Business and Professional Regulation Jessica Leigh AGENCY CLERK Assistant General Counsel Department of Business and Professional Regulation 1940 North Monroe Street CLERK ot ). AM, Tallahassee, FL 32399-2202 Sago f ~ DATE. G * yy .. 2000 Case # 2006-017255 [: 2 [: OG co Counce GERTOLANY WAG tf

Docket for Case No: 07-000645PL